Wednesday, April 1, 2009

Carver On Galloway: An Update

This is just a short update on the George Galloway issue. On March 30, 2009, Justice Luc Martineau of the Federal Court of Canada dismissed an application by Galloway and sponsors of his Canadian speaking tour for an injunction that would allow him to enter Canada later that day. ( http://cas-ncr-nter03.cas-satj.gc.ca/rss/IMM-1474-09%20decision.pdf ). This decision did not deal with the merits of the government’s position that Galloway is inadmissible on grounds of engaging in terrorist activities by virtue of delivering humanitarian aid and cash to Hamas officials in Gaza. Justice Martineau noted that a mandatory injunction to circumvent the ordinary immigration decision-making process would be unusual, and he declined to grant it on the limited evidence available on an interlocutory motion. He agreed that Galloway met the “low threshold” of raising several serious issues to be tried (including an allegation of political interference by Immigration Minister Jason Kenney), but that he failed to show that “irreparable harm” would result from the injunction’s not being granted, particularly given that Galloway would be able to ‘speak’ at the scheduled meetings by videoconference. Mr. Galloway and his sponsors remain free to pursue judicial review of the government’s decision. I hope that they do. The government deserves to be embarrassed on this issue, and an unfavourable ruling might discourage them and future governments from acting in such a high-handed fashion.

Peter Carver is a professor at the Faculty of Law, University of Alberta. He teaches immigration, administrative and constitutional law.

1 comment:

  1. For those still in doubt as to the nature of Galloway's contributions to Hamas, here is a video in which he hands over what is said by the news anchor to be $45,000 to Hamas officials - while he shouts out to the world that he would give them "ten times more" if he had it:

    http://www.edmontonjournal.com/Technology/Controversy+helped+spread+message+Galloway/1444419/story.html

    If he doesn't like the law - he can lobby to change it.
    He has thumbed his nose at our laws on terrorism - and now he wants to come and visit. His history indicates he will thumb his nose again by raising cash for terrorist groups if he comes here. CSIS does not have the budget to follow Galloway 24 - 7 to make sure he doesn't screw up. I'm glad he was banned - and I have never been shy about slamming either Harper or CSIS when it's called for.

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